REPORT Nº 34/07
PETITION 661-03
ADMISSIBILITY
LIAKAT ALI ALIBUX
SURINAME
March 9, 2007
I.
SUMMARY
1.
On August 22, 2003, the Inter-American Commission on Human Rights
(“the Commission” or “the IACHR”) received a petition by Mr. Liakat Ali Alibux
(hereinafter “the Petitioner”), a national of the Republic of Suriname (“Suriname” or
“the State”) and a former cabinet Minister of the Government of Suriname.
2.
According to the Petitioner, he served as Minister of Finance and Minister
of Natural Resources between 1996 and 2000. The Petitioner claims that in his
capacity as Minister of Finance, he implemented a July 2000 decision of the Suriname
government to purchase a complex of buildings to house various Government
ministries and departments.
3.
According to the Petitioner, he was indicted by the Venetiann
Government in January 2002 pursuant to Suriname’s Indictment of Political Office
Holders' ('the Act') for certain criminal offences arising out of the purchase of the
complex of buildings. According to the Petitioner, the Act was passed in October 2001
and applied retroactively to him.
4.
According to the Petitioner, during the course of the ensuing criminal
proceedings, his rights to a fair trial were violated.
5.
Based on the foregoing, the Petitioner complains that the State violated
Articles 5(1), 7, 8, 9, 11, 22(2), 24, and 25 of the American Convention on Human
Rights (“the American Convention” or “the Convention”).
6.
The State acknowledges that the Petitioner was prosecuted, but denies
that it violated the rights of the Petitioner as alleged. The State contends that the
petition represents an attempt to obtain a ‘fourth instance judgment’ from the
Commission. Further the State argues that the Petitioner failed to exhaust domestic
remedies prior to lodging his petition or to state any facts capable of characterizing
violations of the American Convention.
7.
As set forth in this Report, having examined the contentions of the
Petitioner and the State on the question of admissibility, and without prejudging the
merits of the matter, the Commission has decided to: (a) admit the claims in the
present petition with respect to Articles 5, 7, 8, 9, 11, 22, and 25 of the American
Convention, but not with respect to Article 24 of the American Convention; (b)
transmit this Report to the parties; (c) continue with the analysis of the merits of the
case and; (d) publish this Report and include it in its Annual Report to the General
Assembly of the Organization of American States.
II.
PROCESSING BY THE COMMISSION
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